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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 05-18-00564-CV
Regular Panel Decision
Aug 28, 2019

Regency Development & Construction Services, LLC v. Ralph Carrington D/B/A Carrington Air Conditioning and Heating, Carrington AC and Heat , LLC, Anthony Turpin, Turpin & Turpin, Turpin and Turpin, Inc.

Regency Development & Construction Services, LLC appealed the trial court's summary judgments in favor of Ralph Carrington d/b/a Carrington Air Conditioning and Heating, Carrington AC and Heat LLC, Anthony Turpin, Turpin & Turpin, and Turpin and Turpin, Inc. Regency argued that the trial court erred in granting summary judgment on the grounds that Regency had no evidence of damages because its insurance carrier paid the underlying personal injury settlement and defense costs. The court affirmed the trial court's judgments, concluding that the collateral source rule does not apply to Regency under the facts of this case because Regency made no payments and received no payments from any other party. Furthermore, Regency's insurer, Cincinnati Insurance Company, failed to properly assert its subrogation rights or intervene in the lawsuit.

Summary JudgmentCollateral Source RuleInsurance CoverageSubrogation RightsBreach of ContractNegligenceIndemnityAppellate ReviewTexas LawCivil Procedure
References
13
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. 2015-03-0886
Regular Panel Decision
Nov 22, 2016

King, Joshua v. Compass Heating and Air, Inc.

This interlocutory appeal concerns an HVAC installer, Joshua T. King, who claimed a hernia injury sustained while installing an air conditioning unit for Compass Heating and Air. Despite the employer's denial of a compensable injury, the trial court initially awarded King medical and temporary partial disability benefits. Compass Heating and Air appealed solely the award of temporary partial disability benefits. The Workers’ Compensation Appeals Board affirmed the trial court's decision, finding the evidence supported the likelihood of King's success at trial. The case was subsequently remanded for further proceedings to resolve outstanding issues, including the specific dates of King's subsequent employment at a restaurant.

Hernia injuryHVAC workerWorkers' compensationTemporary partial disabilityMedical benefitsInterlocutory appealAppellate reviewEmployer liabilityCompensable injuryLifting restrictions
References
5
Case No. MISSING
Regular Panel Decision

In re Eastern District Repetitive Stress Injury Litigation

The defendants sought to transfer 78 repetitive stress injury (RSI) cases from the Eastern District of New York to districts where the claims arose, also seeking severance of individual claims. Over 450 RSI cases, involving over 1,000 plaintiffs against more than 100 equipment manufacturers, were initially consolidated in the Eastern District. However, the Second Circuit later vacated the consolidation orders, finding it an abuse of discretion due to lack of common facts and varying state laws. Relying on this guidance, the court granted transfer in 75 cases and denied it in three, citing factors such as convenience of parties and witnesses, judicial economy, and the public interest in local adjudication of local controversies. The court also ordered severance where necessary to facilitate transfer.

Transfer of VenueMultidistrict LitigationRepetitive Stress InjuryProducts LiabilityForum Non ConveniensSeverance of ClaimsConsolidation of CasesJudicial EconomyWitness ConvenienceChoice of Forum
References
16
Case No. MISSING
Regular Panel Decision

Maldonado v. Olympia Mechanical Piping & Heating Corp.

The plaintiffs, former employees of Olympia Mechanical Piping & Heating Corp., initiated an action to recover unpaid wages and supplemental benefits under Labor Law § 220, alleging they were paid below the prevailing rate for public works projects. The Supreme Court, Kings County, initially dismissed several causes of action, including breach of contract, quantum meruit, unjust enrichment, and suretyship, for failure to state a cause of action, and denied the plaintiffs' cross-application to serve a second amended complaint. On appeal, the higher court affirmed the dismissals of the various causes of action. However, the appellate court modified the original order by granting the plaintiffs' cross-application for leave to serve a second amended complaint, citing the absence of prejudice to the defendant and the potential merit of the plaintiffs' claims.

Labor LawPrevailing WageBreach of ContractQuantum MeruitUnjust EnrichmentMotion to DismissCPLR 3211(a)(7)Leave to AmendAppellate ReviewPublic Works
References
18
Case No. 2021 NY Slip Op 00606 [191 AD3d 1074]
Regular Panel Decision
Feb 04, 2021

Matter of Pisarski v. Accurate Plumbing & Heating Co.

Claimant Michael Pisarski established a workers' compensation claim for occupational bilateral knee and shoulder injuries after retiring as a union plumber. The Workers' Compensation Board ultimately set the date of disablement as July 12, 2016, and a Worker's Compensation Law Judge ruled Norguard Insurance Company, which covered the employer during Pisarski's last employment, was the liable carrier, as no active policy was found on the disablement date. Norguard appealed, distinguishing its case from Matter of Cammarata, where the employer had ceased business. The Appellate Division, Third Department, found that the Board erred by not determining the business status of Accurate Plumbing and Heating Co. on the date of disablement. This determination is crucial to establish whether Accurate Plumbing was required to maintain an insurance policy or if the Uninsured Employers Fund should be responsible. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationOccupational DiseaseDate of DisablementInsurance Carrier LiabilityUninsured Employers FundAppellate ReviewRemittalBusiness Status DeterminationPolicy CoverageKnee Injury
References
6
Case No. MISSING
Regular Panel Decision
Mar 28, 2000

Oil Heat Institute of Long Island Insurance Trust v. Gerber Life Insurance

Plaintiff Oil Heat Institute of Long Island Insurance Trust (OHI) sued Gerber Life Insurance Company (Gerber), Island Group Administration, Inc. (IGA), and RMTS Associates, alleging Gerber refused to reimburse stop-loss claims and issue a letter of certification to a lender. OHI had established a self-insurance program, and Gerber issued an aggregate stop-loss (ASL) policy. OHI commenced the action on the day the ASL policy expired, before the attachment point for reimbursement could be calculated and before submitting proper documentation. The Supreme Court denied Gerber's motion for summary judgment. The Appellate Division reversed, finding that OHI failed to demonstrate compliance with the ASL policy's reimbursement terms, lacked material facts to support its claims, and initiated the action prematurely. Both causes of action were dismissed against Gerber.

Insurance LawSummary JudgmentAggregate Stop-Loss PolicyContract DisputeReimbursementPolicy TermsAppellate ReviewGood FaithDocumentation RequirementsAgency
References
3
Case No. 2-09-265-CV
Regular Panel Decision
Oct 28, 2010

Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. v. Shelby Jackson

Appellants Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. appealed a judgment following a bench trial in favor of Appellee Shelby Jackson. The appellants contended that the evidence was legally and factually insufficient to establish DTPA violations, economic damages, an unconscionable act by Norris, mental anguish damages, and entitlement to treble damages or attorney's fees. The trial court found that Avery violated the DTPA by misrepresenting rights and failing to disclose information, causing $500 in economic damages, which were trebled. It also found Norris committed an unconscionable act intentionally, causing $2,500 in mental anguish damages, also trebled. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support all findings.

Deceptive Trade Practices ActDTPA ViolationUnconscionable ActEconomic DamagesMental AnguishSufficiency of EvidenceAttorney's FeesContract ModificationConsumer ProtectionTexas Law
References
46
Case No. 07-05-0449-CV
Regular Panel Decision
Mar 14, 2007

Gibson Plumbing Heating & Air Conditioning, Inc. and Robin L. Hughes v. Coolbaugh Chiropractic

Gibson Plumbing Heating & Air Conditioning, Inc. and employee Robin L. Hughes appealed a judgment rendered in favor of Coolbaugh Chiropractic for medical services provided to Hughes. Hughes sustained a workplace injury and sought chiropractic treatment. Key issues on appeal included the legal sufficiency of evidence regarding Gibson's bookkeeper's actual authority to authorize multiple medical treatments and the basis for the $3,000 damages award. The Court of Appeals for the Seventh District of Texas affirmed the trial court's judgment. It found sufficient evidence for the bookkeeper's authority and that the damages were within the range of evidence, further concluding that Coolbaugh had adequately presented its claim for attorney's fees.

Employer liabilityEmployee injuryChiropractic treatmentAgency authorityActual authorityApparent authorityDamages awardSufficiency of evidenceAttorney's feesAppellate court
References
22
Case No. MISSING
Regular Panel Decision

Claim of Pinto v. Southport Correctional Facility

Claimant, a teacher at a maximum-security correctional facility, experienced severe head pains and disorientation, leading to a claim for workers' compensation benefits for work-related stress, depression, headaches, and memory loss. The Workers’ Compensation Board disallowed the claim, finding the presumption of work-related injury rebutted and concluding that the stress experienced was not greater than that usually encountered in his work environment. On appeal, the court affirmed the Board’s decision to deny the claim on the merits. While the court disagreed with the Board's finding that the claim was barred by Workers’ Compensation Law § 2 (7) due to personnel decisions, it upheld the Board's alternate basis for denial, stating that the claimant failed to show the stress was beyond what similarly situated workers experienced.

Workers' CompensationStress-related injuryMental injuryCausationPresumption of injuryRebuttal of presumptionPersonnel decisionWork environmentCorrectional facilityTeacher
References
14
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